If you were injured in an accident or slip and fall incident in BC, chances are you will be dealing with ICBC or another insurer. In British Columbia, ICBC is the only insurance company that is entitled to provide basic insurance to all drivers. Basic coverage is mandatory in British Columbia and consists of third party liability coverage of $200,000 (though it is strongly recommended you obtain more than just the basic coverage) and a number of Part 7 - No Fault benefits that will be the subject of another blog post. The laws have recently changed in the area of personal injury claims arising out of motor vehicle accidents, therefor what is written below applies to motor vehicle claims pre-dating May 1, 2021, as well as slip and fall claims and general negligence claims.
Often times people will want to negotiate with the insurer without getting a lawyer involved at first. If you are in that position, you should know what damages you are likely entitled to by way of monetary compensation.
1) Pain and Suffering - you are entitled to a lump-sum amount for the injury that you have sustained and the pain and suffering that comes with that injury. The maximum amount that one can get for this head of damage is approximately $330,000 and that is generally reserved for the most catastrophic injuries such as quadriplegia, paraplegia, major brain injuries or other similar catastrophic injuries. Each case is assessed on its facts and a judge will look at previous cases to find a similar fact pattern and often times base their award by analyzing previous case law. In most ICBC cases that occurred after April 1, 2019 but before May 1, 2021, the insurer may argue that you are entitled to a maximum of $5,500 for this head of damage. This may not be true depending on the circumstances.
2) Past Wages and Loss of Earning Capacity - if you have missed time off of work because of the accident or have missed out on opportunities to earn income that you would have earned had the accident not happened, you will generally be entitled to recovery of your net (after tax) lost wages or potential earnings.
3) Future Earning Capacity - in cases where the evidence supports the likelihood that you will lose out on days of work, the ability to work certain jobs, or do not have the capacity to work full-time any more, you may also be entitled to future wage loss. Future wage loss is much more difficult to prove and assess because the future is uncertain where the past has already happened. If you can prove that there is a real and substantial possibility of a future income loss, you will be entitled to compensation for that future loss.
4) Future Costs of Care - likewise, you may also require treatment into the future to help you deal with your injuries, maintain a reasonable lifestyle, or . If the care is not covered by the government health care system, you also may be entitled to future care items. Again, you will need evidence of the need, frequency required, and efficacy of these care items and often times that can be achieved by getting medical evidence from an expert witness.
5) Special expenses - if you have had to spend money for treatment, medication, or other out of pocket expenses that are directly attributable to your accident, you can present these expenses for reimbursement. The expenses have to be reasonable and supported by the evidence about your injury.
If you have been injured in an accident that occurred prior to May 1, 2021, a slip and fall incident, or as a result of someone’s negligence and have any more questions about fair compensation, settling claims, or wish to meet for an initial consultation, contact us at (604) 398-4168